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(영문) 수원지방법원 2018.01.24 2017노8399
상습폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence imposed by the court below on the defendant (ten months of imprisonment).

2. Each of the crimes of this case, which the defendant habitually assaults the victim's face, takes a bath at the convenience store, and interferes with the business, is not good in light of the contents and results of each of the crimes.

In addition, even though the defendant was subject to criminal punishment several times for the same crime, it is highly likely that the defendant will commit each of the crimes of this case during the period of repeated crime.

On the other hand, however, the defendant shows the attitude of opposing the defendant's mistake, and the victim of the obstruction of business expressed his/her intention not to want the punishment against the defendant.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too uneasible and it does not seem unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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